Plain English definitions of California legal terms
A mutual understanding between parties about their rights and obligations. Not all agreements are legally enforceable contracts.
A person licensed to practice law and represent others in legal matters. Only attorneys can give legal advice and appear in court for clients.
Someone authorized to act on behalf of another person. An agent's actions can legally bind the person they represent.
Financial support paid to a former spouse after divorce. Also called spousal support, it helps maintain the receiving spouse's standard of living.
A request for a higher court to review a lower court's decision. Appeals focus on legal errors, not retrying facts.
The legal process of becoming the parent of someone else's child. Adoption terminates the biological parents' rights and responsibilities.
The crime of intentionally setting fire to property. Arson can be charged as a misdemeanor or felony depending on the circumstances.
An attempt or threat to cause physical harm to another person. Assault does not require actual physical contact—that's battery.
A private process where a neutral arbitrator decides a dispute. Arbitration is binding—you usually cannot appeal to a court.
Money or property deposited with the court to secure a defendant's release from custody. If the defendant fails to appear, bail is forfeited.
Unlawful physical contact with another person. Battery requires actual touching, while assault is just the threat or attempt.
Entering a building or structure with intent to commit theft or a felony inside. You don't have to actually steal anything to be guilty.
A person who receives benefits from a trust, will, or insurance policy. The beneficiary is the one who ultimately gets the money or property.
Failure to fulfill a legal obligation, especially a contract term. Breach of contract entitles the other party to damages or other remedies.
A government body where legal disputes are decided by judges. Courts interpret laws, resolve conflicts, and determine guilt or innocence in criminal cases.
A legally binding agreement between parties. Breaking a contract can make you liable for damages to the other side.
A legal entity separate from its owners that can own property, enter contracts, and sue or be sued. Shareholders are typically protected from personal liability.
A person who buys goods or services for personal use. California has strong laws protecting consumers from fraud and unfair business practices.
Relating to disputes between private parties rather than crimes. Civil cases typically seek money damages or court orders, not imprisonment.
Payment for work performed or damages suffered. Workers' compensation provides benefits to employees injured on the job.
A demand for something owed or a legal right asserted. Filing a claim is often the first step in seeking legal relief.
Legal responsibility for a child or control of property. In divorce, custody determines where children live and who makes decisions for them.
Money paid by a parent to help cover the costs of raising their child. California uses a formula based on income and time spent with each parent.
Something of value exchanged in a contract. Without consideration (something given in return), a contract is not enforceable.
The person or entity being sued or accused of a crime. In criminal cases, defendants are presumed innocent until proven guilty.
A legal document that transfers ownership of real property. Recording a deed with the county makes the transfer official.
Money awarded to compensate for harm or loss. Damages can be compensatory (actual losses) or punitive (to punish wrongdoing).
Driving Under the Influence of alcohol or drugs. In California, a blood alcohol level of 0.08% or higher is illegal for most drivers.
Sworn testimony given outside of court, usually in a lawyer's office. Depositions are used to gather evidence before trial.
The pre-trial process where parties exchange information and evidence. Discovery includes depositions, document requests, and interrogatories.
The constitutional right to fair treatment through the legal system. Due process requires notice and an opportunity to be heard before government action.
Abuse or threats against a family member, spouse, or intimate partner. California law provides special protections for victims.
The amount you pay out-of-pocket before insurance kicks in. Higher deductibles usually mean lower premium costs.
A physical or mental condition that limits major life activities. California law requires employers to provide reasonable accommodations.
Treating someone differently based on protected characteristics. California prohibits discrimination in employment, housing, and public accommodations.
A false statement that harms someone's reputation. Written defamation is libel; spoken defamation is slander.
A person who works for another under their control and direction. Employees have different legal rights and protections than independent contractors.
A person or entity that hires and pays workers. Employers have legal duties to provide safe workplaces and follow labor laws.
The right to use another's property for a specific purpose. Common examples include utility access and shared driveways.
Court-ordered removal of a conviction from your record. In California, expungement allows you to legally say you weren't convicted of the crime.
The legal process of removing a tenant from rental property. California has strict procedures landlords must follow to evict tenants.
A serious crime punishable by more than one year in prison. Examples include murder, robbery, and grand theft.
Someone with a legal duty to act in another's best interest. Examples include trustees, attorneys, and corporate directors.
Intentional deception to gain something of value. Fraud can be a civil wrong (leading to lawsuits) or a crime (leading to prosecution).
The legal process where a lender takes property when the borrower defaults on a loan. California allows non-judicial foreclosure for most mortgages.
A person appointed by a court to care for someone who cannot care for themselves. Guardians make decisions for minors or incapacitated adults.
A proceeding where evidence and arguments are presented to a decision-maker. Hearings can occur in courts, agencies, or other tribunals.
Unwelcome conduct based on protected characteristics like race, sex, or religion. Harassment that creates a hostile work environment is illegal.
A court order requiring someone to do or stop doing something. Violating an injunction can result in contempt of court.
A promise to compensate someone for losses they may suffer. Insurance policies and contracts often include indemnity clauses.
A contract where a company agrees to pay for losses in exchange for premium payments. California heavily regulates insurance companies.
A court's final decision in a case. Once entered, a judgment can be enforced through collection of money or other ordered actions.
A court's authority to hear a case, or a government's power over a territory. Cases must be filed in courts with proper jurisdiction.
Official permission from the government to do something otherwise prohibited. Driving, practicing medicine, and selling alcohol all require licenses.
Someone who holds a license to perform a regulated activity. Licensees must follow specific rules or risk losing their permission to operate.
A legal claim on property as security for a debt. Common liens include mortgages on homes and mechanic's liens for unpaid construction work.
Legal responsibility for one's actions or debts. If you're liable, you can be forced to pay damages or fulfill obligations.
A contract granting use of property for a specific time in exchange for rent. Landlords and tenants both have rights and duties under leases.
A property owner who rents to tenants. Landlords must maintain habitable conditions and follow proper procedures for evictions.
A less serious crime punishable by up to one year in county jail. Examples include petty theft, simple assault, and DUI.
A loan secured by real property. If you don't pay, the lender can foreclose and sell your home to recover the debt.
Professional negligence by a doctor, lawyer, or other professional. Malpractice requires proving the professional failed to meet accepted standards.
A process where a neutral third party helps disputing parties reach an agreement. Unlike a judge, a mediator cannot impose a decision.
The lowest hourly rate employers can legally pay. California's minimum wage is among the highest in the nation.
Failure to use reasonable care, causing harm to another. To win a negligence case, you must prove duty, breach, causation, and damages.
An activity that unreasonably interferes with someone's use of their property. Nuisances can be public (affecting the community) or private.
Extra pay for hours worked beyond the standard workday or workweek. California requires 1.5x pay after 8 hours/day or 40 hours/week.
Anything that can be owned—land, buildings, cars, or ideas. The law protects your right to use, sell, or transfer your property.
A person or entity involved in a legal matter. In lawsuits, parties are typically called plaintiffs (who sue) and defendants (who are sued).
The person or entity who files a lawsuit seeking relief. The plaintiff has the burden of proving their case.
Supervised release instead of jail time, with conditions attached. Violating probation terms can result in incarceration.
Legal fatherhood of a child. Establishing paternity gives a father rights to custody and visitation, and creates a duty to pay child support.
The amount paid for an insurance policy. Premiums can be paid monthly, quarterly, or annually.
A document authorizing someone to act on your behalf. A power of attorney can be limited to specific matters or grant broad authority.
The court process for administering a deceased person's estate. Probate can be expensive and time-consuming.
Rules created by government agencies to implement laws. Regulations have the force of law and violating them can result in penalties.
A court order prohibiting someone from contacting or approaching another person. Violating a restraining order is a crime.
Taking property from another person by force or fear. Robbery is theft plus violence or intimidation.
Money a criminal defendant must pay to compensate the victim. Restitution is different from fines, which go to the government.
Cancellation of a contract, returning parties to their original positions. Rescission is available for fraud, mistake, or other defects.
Something pledged as guarantee for a debt, or a stock/bond investment. Security interests give creditors rights in case of default.
A law written and enacted by a legislature. Statutes are different from regulations (made by agencies) and case law (made by courts).
A legal order requiring someone to testify or produce documents. Ignoring a subpoena can result in contempt of court charges.
The time limit for filing a lawsuit or criminal charges. Once the deadline passes, the claim is barred forever.
An agreement to resolve a dispute without trial. Most lawsuits end in settlement rather than going to trial.
Money a tenant pays upfront to cover potential damages. California limits deposits to two months' rent for unfurnished units.
A court order requiring a party to fulfill their contract. Courts use this remedy when money damages are inadequate, often for real estate.
A person who manages property or assets for the benefit of others. Trustees have a fiduciary duty to act in beneficiaries' best interests.
Statements made under oath as evidence in a legal proceeding. Lying under oath is perjury, a criminal offense.
A person who rents property from a landlord. California law gives tenants strong protections regarding eviction and habitability.
Taking someone else's property without permission, intending to keep it. Grand theft (over $950) is a felony; petty theft is a misdemeanor.
A legal arrangement where one party holds property for the benefit of another. Trusts can avoid probate and provide tax benefits.
Entering someone's property without permission. Trespass can be a civil wrong or a crime depending on the circumstances.
Breaking a law, rule, or agreement. Violations can result in fines, penalties, loss of licenses, or other consequences.
A non-custodial parent's right to spend time with their child. Courts determine visitation schedules based on the child's best interests.
A guarantee about the quality or condition of goods or property. Breaching a warranty can make you liable for damages.
A legal document specifying how your property should be distributed after death. Without a will, state law determines who inherits.
Firing an employee for illegal reasons, such as discrimination or retaliation. California is an at-will state, but many exceptions exist.
A system providing benefits to employees injured on the job. Workers' comp covers medical expenses and lost wages regardless of fault.